Accidental/typographical errors crept in decree or judgment can be corrected subsequently.

1. The Revision is directed against the Fair and Decretal Orders dated 12.07.1996 made in LA. No. 230 of 1996 in O.S. No. 167 of 1988 on the file of the II Additional District Munsif of Coimbatore, allowing an application filed by the respondent herein/defendant under Section 152 C.P.C. praying for to amend the decree dated 29.03.1994 in accordance with the prayer sought for in the suit.

2. The Revision is filed by the plaintiffs. They filed the suit against the respondent herein claiming that the suit property is surrounded by a Pallam to the width of 10 feet running north south on the west, S.F. No.737 on the north and Avanashi road on the south and third parties lands on the east. The Pallam on the western side is running from north-south carrying rain water from the entire fields on the north to south and reached east-west Pallam abutting the Avanashi main road and that the entire land owners of the said area provided the said Pallam and used the same to drain the water in order to avoid stagnation of rain water in their respective fields and to protect the standing crops in the lands. It is also averred in the plaint that the said Pallam is in existence for the last several decades and it is the only source of draining the rain and sullage water from the lands of the plaintiffs and other neighbouring land owners. According to the plaintiffs, the defendant is the owner of the lands on the western side of the pallam and he formed a lay out of his lands and divided his lands into the plots and sold the same to various third parties and the defendant in collusion with his close associates is trying to close the said pallam and to annex the area covered by the said pallam to the respective sites and that if the defendant is allowed to do so, the entire rain water and sullage water from the northern side will stagnate in the lands of the plaintiffs and not only the crops will be spoiled but also there will be no access for the drain water to reach the pallam abutting Avanashi road.

3. The reliefs asked for in the plaint are as follows :

The plaintiff therefore prays that this Honble Court may be pleased to pass a decree against the defendant. a) declare that the suit pallam is in existence for the last several years and the same is the only source of draining the rain water from the lands on the northern side of Avanashi road ; b) restraining the defendant and his men and servants and associates from in any way interfering with the suit pallam by means of a permanent injunction; c) and directing the defendant to pay the costs of the suit; d) and to grant such other and further reliefs.

4. The suit was posted on 29th March 1994 before the II Additional District Munsif, Coimbatore. Counsel for the defendant/respondent herein reported no instructions and the defendant was called absent and set ex parte. Thereupon, the Court proceeded to pass the decree as follows :-

1. It is hereby declared that the plaintiffs are the absolute owners of the suit pallam which is in existence for the last several years and the same is the only source of draining the rain water from the lands on the northern side of Avanashi road ;

2. and that the defendant and his men and servants and associates be and hereby restrained from in any way interfering with the suit pallam by means of permanent injunction ;

3. and that the defendant do pay to the plaintiffs a sum of Rs. 183.25 being the costs of this suit.

5. Since the decree has not been drafted in accordance with the prayer in the plaint, which is for a declaration that the suit pallam is in Existence for the last several years and the same is the only source of draining the rain water from the land on the northern side of Avanashi road and for an injuction to restrain the defendant from in any way interfering with the suit pallam, the defendant filed I.A. No. 230 of 1996 to amend the decree dated 29.03.1994 as follows :

PROPOSED AMENDMENT.

In decretal portion in clause 1 the w